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Mayer Brown JSM

SUITE 2305, TOWER II, PLAZA 66, 1266 NAN JING ROAD WEST, SHANGHAI 200040, CHINA
Tel:
Work +86 21 6032 0200
Fax:
Fax +86 21 6120 1068
Email:
Web:
www.mayerbrownjsm.com

China: Corporate and M&A

Foreign firms
Corporate and M&A: foreign firms - ranked: tier 3

Mayer Brown JSM 孖士打律师行

In August 2015, Mayer Brown JSM formed an association with PRC firm Jingtian & Gongcheng, but lost Henry Wang to K&L Gates’ Beijing office. Ian Lewis in Beijing advised Merlin Entertainments Group on its discussions with China Media Capital in relation to their cooperation arrangements to create world-class visitor attractions in China. Xiangyang Ge in Beijing and Betty Tam in Shanghai are recommended.

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China: Intellectual property

Foreign firms
Intellectual property: foreign firms - ranked: tier 3

Mayer Brown JSM 孖士打律师行

Mayer Brown JSM specialises in trade mark prosecution and litigation work, often representing international clients in China. Of counsel Xiaoyan Zhang, who recently joined the Hong Kong office from Hogan Lovells International LLP, led on the Chinese aspects of defending Zhejiang Medicine in a patent infringement case brought by Japanese company Kaneka Corporation before the United States International Trade Commission. Other clients include Alibaba, Jack Daniel’s and Changzhou Kaidi Electrical.

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China: Projects and energy

Foreign firms
Other recommended firms - ranked: tier 1

Mayer Brown JSM 孖士打律师行

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China: Real estate and construction

Foreign firms
Real estate and construction: foreign firms - ranked: tier 1

Mayer Brown JSM 孖士打律师行

Mayer Brown JSM specialises in major outbound investment work, often advising developers and financial institutions. Hong Kong partner Alan Yip advised the joint venture company established between LKK Health Products and Vanke on its RMB5.7bn acquisition of the holding company that owned 99% of a property in a major shopping and entertainment district from Shui On Land. The team includes construction arbitration specialist Tom Fu in Beijing and Andy Yeo in Shanghai. Keith Cheung heads the group in Hong Kong.

Next generation lawyers

Ellen Zhang - Mayer Brown JSM

Rosalyn Han - Mayer Brown JSM

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Legal Developments in China

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • What is the relationship between PPP and concessions?

    From fledgling concessions to PPP that is sweeping the country today, there are two major sets of regulations to be followed: one being regulations for concessions led by the National Development and Reform Commission (“NDRC”) and the other the series of regulations for PPP led by the Ministry of Finance (“MoF”).  However, to date, there is still not one law that expressly defines the relationship between the two, resulting in much confusion and many impediments in practice.  The relationship between concessions and PPP is an issue currently desperately needing clarification.
  • Thought on Developing Convention on Enforceability of Settlement Agreements Reached Through Concilia

    The UN Commission on International Trade Law (“UNCITRAL”) held its 47th session in New York on 7-18 July 2014 and the Author had the privilege of attending the conference at invitation of Mr. Yu Jianlong, President of the Asia Pacific Regional Arbitration Group (“APRAG”). During the conference, the U.S. Government submitted a proposal suggesting Working Group II (Arbitration and Conciliation) of UNCITRAL (“Working Group II”) to develop a multilateral convention with respect of the enforceability of international commercial settlement agreements reached through conciliation (“Enforceability Convention”) for the purpose of encouraging the use of conciliation in resolving international commercial disputes.  Read more
  • Impact of Article 43 of the Commercial Bank Law on PPP Projects

    With the widespread use of the PPP model in China, financing channels for PPP projects have also increasingly diversified.  Bank, trust, fund and insurance channels of capital have all rushed onto the stage of project financing. Subject to Article 43 of the Commercial Bank Law, banks, as the traditional big brother of financing, have always played the role of lender.  In practice, the opinions as to whether they can participate in the bidding on, and contributing capital to, PPP projects as private investors have been mixed.
  • A LOOK BACK AND THOUGHTS ON PPP LEGAL PRACTICE IN CHINA IN 2015

    The current PPP tide in China driven by the Ministry of Finance and the National Development and Reform Commission witnesses the transformation and upgrading of large state-owned enterprises.  These enterprises that have traditionally only been familiar with bid invitation, bid submission, and construction, have started to have an impact on numerous new areas such as project proposal and planning, company establishment and acquisition, fund establishment and operation, etc.  Certain state-owned enterprises that got their starts fairly early have cultivated teams with extensive experience in investing, and certain enterprises that are just starting up are selecting young talent from various entities in all out effort to catch up.  Private enterprises also participate enthusiastically.
  • Transfer Pricing – New Risks in Declaring Price Impact of Special Relationship to China Customs

    China Customs recently requires that the importer or exporter of record declare the impact on the import or export price of its special relationship with the counterpart (“Price Impact”). Specifically the declaring party must state whether its special relationship, if any, would affect the transaction value or price as declared to the China Customs. Previously the special relationship was an item of declaration subsequent to a specific request from the Customs. However, the impact of the special relationship was not an item of declaration, and the declaration party even had a general defense right to disprove such Price Impact. The Price Impact, if any, has been a pre-condition for  the Customs not to accept the declared transfer price for the purpose of ascertaining dutiable price of a given import or export shipment, in which case, China Customs shall re-value the given shipment according to China customs valuation rules.
  • New China Customs Taxation Policy on Cross-Border B2C E-Commerce Imports

    The Ministry of Finance, General Administration of Customs and State Administration of Taxation of China jointly issued a circular (“Joint Circular ”) relating to the taxation policy on the cross-border e-commerce retailing imports, with effect as from April 8, 2016.
  • ICC and CIETAC Arbitration Practice Comparison - Case Study Note 1

    One of the most important negotiated points by parties in contract negotiations is the dispute resolution clause. If parties agree on arbitration, they often negotiate which arbitration institution or arbitration rules will apply in resolving potential disputes.
  • Interpretation of New Anti-monopoly Provisions in the Field of Intellectual Property Rights:

    Ren Qing and Wu Peng, Partners in Zhong Lun Law Firm
  • POTENTIAL CHANGE OF CHINA’S FOREIGN INVESTMENT LAWS AND ITS EFFECT ON VIE STRUCTURES

    By Steve Zhao
  • Zhong Lun Advises Chinese Consortium on $1.9 Billion Acquisition of OmniVision Technologies, Inc.

    On April 30, 2015, OmniVision Technologies, Inc. (OVTI, a Delaware company listed on NASDAQ) announced that it has entered into a definitive agreement to be acquired by a consortium composed of Hua Capital Management Co. Ltd. (“Hua Capital Management”), CITIC Capital Holdings Limited (“CITIC Capital”) and GoldStone Investment Co. Ltd. (“GoldStone Investment”) (collectively, the “Consortium”). Under the terms of the agreement, OmniVision stockholders will receive $29.75 per share in cash, or a total of approximately $1.9 billion. The agreement was unanimously approved by OmniVision’s Board of Directors.